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Supreme Court Announces Standard of Review for Factual Issues Underlying Patent Claim Construction: Implications Beyond Patent Law

02/25/2015

The United States Supreme Court, clarifying the proper standard of review of factual findings arising during a court’s construction of patent claims, held that such “evidentiary underpinnings” should be reviewed for clear error rather than de novo. Teva Pharmaceuticals USA, Inc. v. Sandoz, 574 U.S. ___ (Jan. 20, 2015). While the holding applies directly to patent litigation, the Court’s reasoning could have important implications for other areas of law, particularly contract interpretation.

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